Full Text of SB1436 97th General Assembly
SB1436sam001 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/3/2011
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| 1 | | AMENDMENT TO SENATE BILL 1436
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1436 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 7-1-1 as follows:
| 6 | | (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
| 7 | | Sec. 7-1-1. Annexation of contiguous territory. Any | 8 | | territory that is not within the corporate limits of any | 9 | | municipality but
is contiguous to a municipality may be annexed | 10 | | to the municipality as provided
in this Article. For the | 11 | | purposes of this Article any territory to be annexed
to a | 12 | | municipality shall be considered to be contiguous to the | 13 | | municipality
notwithstanding that the territory is separated | 14 | | from the municipality by a
strip parcel, railroad or public | 15 | | utility right-of-way, or former railroad right-of-way that has | 16 | | been converted to a recreational trail, but upon annexation the |
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| 1 | | area included
within that strip parcel, right-of-way, or former | 2 | | right-of-way shall not be considered to be annexed to the
| 3 | | municipality. For purposes of this Section, "strip parcel" | 4 | | means a separation no wider than 30 feet between the territory | 5 | | to be annexed and the municipal boundary.
| 6 | | Except in counties with a population of more than
600,000
| 7 | | but
less than 3,000,000, territory which is not contiguous to a | 8 | | municipality but is
separated therefrom only by a forest | 9 | | preserve district, federal wildlife refuge, open land or open | 10 | | space that is part of an open space program, as defined in | 11 | | Section 115-5 of the Township Code, or conservation area, may | 12 | | be annexed to the
municipality pursuant to Section 7-1-7 or | 13 | | 7-1-8, but
only if the annexing municipality can show that the | 14 | | forest preserve district, federal wildlife refuge, open land, | 15 | | open space, or conservation area
creates an artificial barrier | 16 | | preventing the annexation and that the location
of the forest | 17 | | preserve district, federal wildlife refuge, open land, open | 18 | | space, or conservation area property prevents the orderly | 19 | | natural growth of
the annexing municipality. It shall be | 20 | | conclusively presumed that the forest
preserve district, | 21 | | federal wildlife refuge, open land, open space, or conservation | 22 | | area does not create an artificial barrier if the property | 23 | | sought
to be annexed is bounded on at least 3 sides by (i) one | 24 | | or more other
municipalities (other than the municipality | 25 | | seeking annexation through the
existing forest preserve | 26 | | district, federal wildlife refuge, open land, open space, or |
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| 1 | | conservation area), (ii) forest preserve district property, | 2 | | federal wildlife refuge, open land, open space, or conservation | 3 | | area, or
(iii) a combination of other municipalities and forest | 4 | | preserve district
property, federal wildlife refuge property, | 5 | | open land, open space, or conservation area. It shall also be | 6 | | conclusively presumed that the forest preserve
district, | 7 | | federal wildlife refuge, open land, open space, or conservation | 8 | | area
does not create an artificial barrier if the municipality | 9 | | seeking
annexation is not the closest municipality within the | 10 | | county to the property to be annexed.
The territory included
| 11 | | within such forest preserve district, federal wildlife refuge,
| 12 | | open land, open space, or conservation area shall not be | 13 | | annexed to the municipality
nor shall the territory of the | 14 | | forest preserve district, federal wildlife refuge, open land, | 15 | | open space, or conservation area be subject to
rights-of-way | 16 | | for access or services between the parts of the municipality
| 17 | | separated by the forest preserve district, federal wildlife | 18 | | refuge, open land, open space, or conservation area without the | 19 | | consent of the governing
body of the forest preserve district | 20 | | or federal wildlife refuge.
The changes made to this Section by | 21 | | Public Act 91-824 are
declaratory of existing law and shall not | 22 | | be construed as a new enactment.
| 23 | | For the purpose of this Section, "conservation area" means | 24 | | an area dedicated to conservation and owned by a not-for-profit | 25 | | organized under Section 501(c)(3) of the Internal Revenue Code | 26 | | of 1986 , or any area owned by a conservation district . |
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| 1 | | In counties that are contiguous to the Mississippi River | 2 | | with populations
of more than 200,000 but less than 255,000, a | 3 | | municipality that is partially
located in territory that is | 4 | | wholly surrounded by the Mississippi River and a
canal, | 5 | | connected at both ends to the Mississippi River and located on | 6 | | property
owned by the United States of America, may annex | 7 | | noncontiguous territory in the
surrounded territory under | 8 | | Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
separated | 9 | | from the municipality by property owned by the United States of
| 10 | | America, but that federal property shall not be annexed without | 11 | | the consent of
the federal government.
| 12 | | For the purposes of this Article, any territory to be | 13 | | annexed to a municipality that is located in a county with more | 14 | | than 500,000 inhabitants shall be considered to be contiguous | 15 | | to the municipality if only a river and a national heritage | 16 | | corridor separate the territory from the municipality. Upon | 17 | | annexation, no river or national heritage corridor shall be | 18 | | considered annexed to the municipality.
| 19 | | When any land proposed to be annexed is part of any Fire | 20 | | Protection
District or of any Public Library District and the | 21 | | annexing
municipality provides fire protection or a public | 22 | | library, as the case
may be, the Trustees of each District | 23 | | shall be notified in writing by
certified or registered mail | 24 | | before any court hearing or other action is
taken for | 25 | | annexation. The notice shall be served 10 days in advance.
An | 26 | | affidavit that service of notice has been had as provided by |
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| 1 | | this
Section must be filed with the clerk of the court in which | 2 | | the
annexation proceedings are pending or will be instituted | 3 | | or, when no
court proceedings are involved, with the recorder | 4 | | for the
county where the land is situated. No annexation of | 5 | | that land is
effective unless service is had and the affidavit | 6 | | filed as provided in
this Section.
| 7 | | The new boundary shall extend to the far side of any | 8 | | adjacent highway
and shall include all of every highway within | 9 | | the area annexed. These
highways shall be considered to be | 10 | | annexed even though not included in
the legal description set | 11 | | forth in the petition for annexation. When
any land proposed to | 12 | | be annexed includes any highway under the
jurisdiction of any | 13 | | township, the Township Commissioner of Highways,
the Board of | 14 | | Town Trustees, the Township Supervisor, and the Township Clerk | 15 | | shall be notified in writing by certified or
registered mail | 16 | | before any court hearing or other action is taken for
| 17 | | annexation. In the event that a municipality fails to notify | 18 | | the Township
Commissioner of Highways, the Board of Town | 19 | | Trustees, the Township Supervisor, and the Township Clerk of | 20 | | the annexation
of an area within the township, the municipality | 21 | | shall reimburse that
township for any loss or liability caused | 22 | | by the failure to give
notice. If any municipality has annexed | 23 | | any area before October 1,
1975, and the legal description in | 24 | | the petition for annexation did not
include the entire adjacent | 25 | | highway, any such annexation shall be valid and any
highway | 26 | | adjacent to the area annexed shall be considered to be annexed
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| 1 | | notwithstanding the failure of the petition to annex to include | 2 | | the
description of the entire adjacent highway.
| 3 | | Any annexation, disconnection and annexation, or | 4 | | disconnection under
this Article of any territory must be | 5 | | reported by certified or
registered mail by the corporate | 6 | | authority initiating the action to the
election authorities | 7 | | having jurisdiction in the territory and the post
office | 8 | | branches serving the territory within 30 days of the | 9 | | annexation,
disconnection and annexation, or disconnection.
| 10 | | Failure to give notice to the required election authorities | 11 | | or
post office branches will not invalidate the annexation or
| 12 | | disconnection. For purposes of this Section "election | 13 | | authorities"
means the county clerk where the clerk acts as the | 14 | | clerk of elections
or the clerk of the election commission | 15 | | having jurisdiction.
| 16 | | No annexation, disconnection and annexation, or | 17 | | disconnection under
this Article of territory having electors | 18 | | residing therein made (1)
before any primary election to be | 19 | | held within the municipality
affected thereby and after the | 20 | | time for filing petitions as a candidate
for nomination to any | 21 | | office to be chosen at the primary election or (2) within
60 | 22 | | days before any general election to be held within the | 23 | | municipality shall be
effective until the day after the date of | 24 | | the primary or general election, as
the case may be.
| 25 | | For the purpose of this Section, a toll highway or | 26 | | connection between
parcels via an overpass bridge over a toll |
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| 1 | | highway shall not be
considered a deterrent to the definition | 2 | | of contiguous territory.
| 3 | | When territory is proposed to be annexed
by court order | 4 | | under this Article, the corporate
authorities or petitioners
| 5 | | initiating the action shall notify each person who pays real | 6 | | estate taxes on
property within that territory unless the | 7 | | person is a petitioner. The notice
shall be served
by certified
| 8 | | or registered mail, return receipt requested, at least 20 days | 9 | | before a court
hearing or other court action.
If the person
who | 10 | | pays real estate taxes on the property is not the owner of
| 11 | | record, then the payor shall notify the owner of record of the | 12 | | proposed
annexation.
| 13 | | (Source: P.A. 95-174, eff. 1-1-08; 96-1000, eff. 7-2-10; | 14 | | 96-1233, eff. 7-23-10.)".
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